Samim Bigzad: Home Office ‘violates court order’ to deport Afghan man threatened with beheading to Kabul – The Independent

Posted September 14th, 2017 in deportation, government departments, illegality, immigration, news by tracey

‘The Home Office has been accused of violating a court order to deport an Afghan man threatened with beheading by the Taliban.’

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The Independent, 13th September 2017

Source: www.independent.co.uk

Allocations: Local Lettings and Undisclosed Policies – Garden Court Chambers

‘The defendant, Islington Borough Council, maintained an allocation scheme which provided that certain categories of people were excluded from joining the housing register, including those who had lived in the borough for less than three out of the previous five years. However, the scheme allowed for exceptions to be made. In particular, in respect of homeless applicants to whom a long-term housing duty under Part 7 Housing Act 1996 had been accepted.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Government says unlawful subletting at Grenfell Tower should not be prosecuted – Local Government Lawyer

Posted July 4th, 2017 in fire, illegality, landlord & tenant, news, prosecutions, victims by sally

‘The Government has issued guidance to prosecutors not to bring charges for unlawful subletting at Grenfell Tower so that victims can be identified.’

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Local Government Lawyer, 3rd July 2017

Source: www.localgovernmentlawyer.co.uk

NHS pressured to reveal confidential patient data by Home Office under Theresa May, says former executive – The Independent

Posted February 2nd, 2017 in data protection, government departments, health, illegality, immigration, news by tracey

‘The former head of NHS Digital has said he was put under “immense pressure” by the Home Office under Theresa May to release data on immigrants despite his concerns over its legality.’

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The Independent, 1st February 2017

Source: www.independent.co.uk

Conman who pretended washing powder was cocaine guilty of defrauding drug users – Daily Telegraph

Posted October 5th, 2016 in drug abuse, drug offences, fraud, illegality, news by sally

‘A conman who was found to be selling washing powder as cocaine has ended up in court for fraud.’

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Daily Telegraph, 4th October 2016

Source: www.telegraph.co.uk

The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza – Cloisters

Posted August 25th, 2016 in appeals, contracts, illegality, insider dealing, news, Supreme Court by sally

‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’

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Cloisters, 26th July 2016

Source: www.cloisters.com

Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

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Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk

Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

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UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

We ignored the rule of law – the result was Iraq – The Guardian

‘By acting in defiance of the UN charter, as I warned when I was a Foreign Office lawyer in 2003, we put our reputation at risk. So it has proved.’

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The Guardian, 7th July 2016

Source: www.guardian.co.uk

The Chilcot Report – an Illegal War? – UK Human Rights Blog

‘More than 7 years after Gordon Brown first announced that a public Inquiry would be conducted to identify lessons that could be learned from the Iraq conflict, the Chilcot report was finally published on7 July 2016. However, it was worth the wait. This post does not seek to summarise the report: there are many other good overviews (such as the BBC’s ). The report’s executive summary, in particular the key findings section, is also well worth a read. The intention is to cover in this and subsequent posts some of the key legal issues raised by the report. This post considers the relevance of the Chilcot report’s findings to the broader issue of whether Britain’s intervention in Iraq was legal – an issue which was not itself within the remit of the inquiry.’

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UK Human Rights Blog, 7th July 2016

Source: www.ukhumanrightsblog.com

Illegal counterfactuals: bringing in new claims by the backdoor? – Competition Bulletin from Blackstone Chambers

Posted February 24th, 2016 in banking, competition, damages, illegality, news, utilities by sally

‘It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful elements: see e.g. Albion Water Ltd v Dwr Cymru [2013] CAT 6. In a normal case, C will claim damages, arguing – let’s say – that D abused a dominant position by imposing discriminatory prices. D defends the claim on the basis that, absent any abuse, it would have set prices at a certain (high) level. C replies that those prices too would have been discriminatory – i.e. the counterfactual is inappropriate.’

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Competition Bulletin from Blackstone Chambers, 24th February 2016

Source: www.competitionbulletin.com

Is it lawful to detain immigration detainees in prisons? – Free Movement

Posted November 24th, 2015 in appeals, detention, human rights, illegality, immigration, news, prisons by sally

‘The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1187 and the Court rules that there is no principle that administrative immigration detention in prison generally breaches Article 5(1) of the European Convention on Human Rights, the right to liberty. In giving judgment, though, the Master of the Rolls acknowledges that “detention in an IRC is generally more appropriate for immigrant detainees than detention in prison”.’

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Free Movement, 24th November 2015

Source: www.freemovement.org.uk

Participation in an illegal joint enterprise is not a bar to recovery in a claim for personal injury – Zenith PI Blog

‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’

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Zenith PI Blog, 8th May 2015

Source: www.zenithpi.wordpress.com

Supreme Court seeks review of ‘illegality defence’ – OUT-LAW.com

Posted April 24th, 2015 in agency, fraud, illegality, news, Supreme Court, taxation by sally

‘Some of the UK’s most senior judges have said it is necessary to review how the so-called ‘illegality defence’ should be applied.’

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OUT-LAW.com, 24th April 2015

Source: www.out-law.com

Supreme Court: the common law working out illegality defence – UK Human Rights Blog

Posted April 24th, 2015 in agency, fraud, illegality, news, Supreme Court, taxation by sally

‘Nigel Farage is quoted yesterday as preferring immigrants to be Australians and Indians rather than EU citizens, because they probably speak English and “understand common law.”’

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UK Human Rights Blog, 23rd April 2015

Source: www.ukhumanrightsblog.com

Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

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Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

Prisoner ‘absconder policy’ is ruled unlawful by High Court – BBC News

Posted April 2nd, 2015 in fugitive offenders, illegality, news, parole, prisons by sally

‘A government policy to ban inmates with a history of absconding from being transferred to open prisons has been declared unlawful by senior judges.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Regina v Ali (Nazakat) – WLR Daily

Posted February 11th, 2015 in appeals, illegality, immigration, law reports, marriage, news, solicitors by sally

Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46

‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Victim of trafficking can claim compensation despite illegal entry to UK – UK Human Rights Blog

‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’

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UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com